SCHEDULES
SCHEDULE 5Combination of polls: England
PART 2Application of provisions about issue and receipt of postal ballot papers
53
1
For the purposes of the combined polls, Part 5 of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) applies—
a
with the modifications shown in the table, and
b
with any other necessary modifications, including in particular those set out in sub-paragraph (2).
2
Except where the context otherwise requires—
a
in relation to an election or referendum, a reference to a provision has effect as a reference to that provision as it applies for the purposes of that election or referendum;
b
expressions used in relation to the referendum under section 1 are to be construed in accordance with the definitions in section 7 and rule 53 of the referendum rules;
c
expressions used in relation to a local referendum are to be construed in accordance with regulation 2 of, and paragraph 1(2) of Schedule 4 to, the Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089).
3
In relation to the combined polls, the modifications made by this paragraph to Part 5 of the 2001 Regulations apply instead of any modifications that would apply to that Part by virtue of—
a
Part 3 of Schedule 4;
b
Schedule 4 to the Local Authorities (Conduct of Referendums) (England) Regulations 2007;
c
Schedule 2 to the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 (S.I. 2007/1024).
Provision | Modification |
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Regulation 64 (interpretation of Part 5) | For the definition of “agent” substitute—
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In the appropriate place insert—
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In the appropriate place insert—
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In the appropriate place insert—
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In the definition of “valid postal voting statement”, after “returning officer” insert “or counting officer”. | |
Regulation 65 (combination of proceedings on issue and receipt of postal ballot papers) | For regulation 65 substitute—
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Regulation 66 (form of postal voting statement) | Omit the whole regulation. |
Regulation 67 (persons entitled to be present at proceedings on issue of postal ballot papers) | For “returning officer” substitute “relevant returning or counting officer”. |
Regulation 68 (persons entitled to be present at proceedings on receipt of postal ballot papers) | For regulation 68 substitute—
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Regulation 69 (agents of candidates who may attend proceedings on receipt of postal ballot papers) | For “returning officer” (in each place) substitute “relevant returning or counting officer”. |
Omit paragraph (3). | |
After paragraph (7) insert—
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In paragraph (8), for “the candidates or their agents” substitute “any persons mentioned in regulation 68(3)(c) to (g) or (4)(c) and (d)”. | |
Regulation 70 (notification of requirement of secrecy) | For regulation 70 substitute—
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Regulation 71 (time when postal ballot papers are to be issued) | In paragraph (1), after “voting statement)” insert “for an election or local referendum”. |
After paragraph (1) insert—
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In paragraph (2), omit “by the returning officer”. | |
Regulation 72 (procedure on issue of postal ballot papers) | For paragraph (5) substitute—
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In paragraph (6), for the words from the beginning to “postal ballot papers” substitute “Where proceedings on the issue and receipt of postal ballot papers are not taken together by virtue of regulation 65”. | |
In paragraph (8)—
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Regulation 73 (refusal to issue postal ballot papers) | For “returning officer” substitute “relevant returning or counting officer”. |
For “election” substitute “poll”. | |
Regulation 74 (envelopes) | In paragraph (1), after “elections rules” insert “or rule 12 of the referendum rules”. |
Regulation 75 (sealing up of completed corresponding number lists) | In paragraphs (1) and (2), for “returning officer” substitute “relevant returning or counting officer”. |
Regulation 76 (delivery of postal ballot papers) | In paragraph (1)—
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In paragraph (2), for “returning officer” substitute “relevant returning or counting officer”. | |
Regulation 77 (spoilt postal ballot papers) | For “returning officer” (in each place) substitute “relevant returning or counting officer”. |
In paragraph (2)(b), for “election” substitute “poll”. | |
Regulation 78 (lost postal ballot papers) | For “returning officer” (in each place) substitute “relevant returning or counting officer”. |
In paragraph (2A)(b), for “election” substitute “poll”. | |
Regulation 79 (alternative means of returning postal ballot paper or postal voting statement) | For “returning officer” (in each place) substitute “relevant returning or counting officer”. |
In paragraph (1), after “1983 Act” insert “and rule 40(3) of the referendum rules”. | |
In paragraph (3), after “rule 43(1) of the elections rules” insert “or rule 38(1) of the referendum rules”. | |
In paragraph (5), after “polling agents” insert “or polling observers”. | |
Regulation 80 (notice of opening of postal ballot paper envelopes) | In paragraph (1)—
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After paragraph (1) insert—
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In paragraph (2)(b), for “the number of agents a candidate” substitute “in the case of an election or the referendum on the voting system for United Kingdom parliamentary elections, the number of agents that a candidate or referendum agent”. | |
Regulation 81 (postal ballot boxes and receptacles) | For “returning officer” (in each place) substitute “relevant returning or counting officer”. |
For paragraph (2) substitute—
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In paragraph (3), for “the agents” substitute “those”. | |
In paragraph (4), after “lock the ballot box” insert “(if it has a lock)”. | |
Regulation 82 (receipt of covering envelope) | For “returning officer” (in both places) substitute “relevant returning or counting officer”. |
Regulation 83 (opening of postal voters’ ballot box) | In paragraph (1)—
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In paragraph (2), for “returning officer” substitute “relevant returning or counting officer”. | |
In paragraph (3), for “votes under rule 45 of the elections rules” substitute “ballot papers”. | |
Regulation 84 (opening of covering envelopes) | For “returning officer” (in each place) substitute “relevant returning or counting officer”. |
Regulation 84A (confirming receipt of postal voting statements) | For “returning officer” (in each place) substitute “relevant returning or counting officer”. |
Regulation 85 (procedure in relation to postal voting statements) | For “returning officer” (in each place) substitute “relevant returning or counting officer”. |
In paragraph (3), after “agents” insert “or counting observers or both (as the case may be)”. | |
Regulation 85A (procedure in relation to postal voting statements: personal identifier verification) | For “returning officer” (in each place) substitute “relevant returning or counting officer”. |
In paragraph (4), after “agents” insert “or counting observers or both (as the case may be)”. | |
Regulation 85B (postal voting statements: additional personal identifier verification) | For “returning officer” (in each place) substitute “relevant returning or counting officer”. |
In paragraph (3)(a) and (c), after “agents” insert “or counting observers or both (as the case may be)”. | |
In paragraph (4), for “lock and reseal the postal ballot box in the presence of the agents” substitute “lock the postal ballot box (if it has a lock) and reseal it in the presence of the agents or counting observers or both (as the case may be)”. | |
Regulation 86 (opening of ballot paper envelopes) | In paragraph (1), for “returning officer” substitute “relevant returning or counting officer”. |
Regulation 86A (retrieval of cancelled postal ballot papers) | In paragraph (1), for “returning officer” substitute “relevant returning or counting officer”. |
In paragraph (2)—
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In paragraph (3), for “returning officer” substitute “relevant returning or counting officer”. | |
Regulation 87 (list of rejected postal ballot papers) | In paragraph (1), for “In respect of any election, the returning officer” substitute “In respect of each relevant election or referendum, the relevant returning or counting officer”. |
Regulation 88 (checking of lists of rejected postal ballot papers) | For “returning officer” (in each place) substitute “the relevant returning or counting officer”. |
In paragraph (3), at the end insert “or voting area under rule 38(1) of the referendum rules”. | |
Regulation 89 (sealing of receptacles) | In paragraph (1), for “returning officer” substitute “the relevant returning or counting officer”. |
Regulation 90 (abandoned poll) | In paragraph (2), for “election” substitute “poll”. |
Regulation 91 (forwarding or retention of documents) | In paragraph (1)—
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In paragraph (3), for “returning officer” (in both places) substitute “relevant returning or counting officer”. | |
In paragraph (4), for “Rules 56 and 57 of the elections rules” substitute “The rules specified in paragraph (4A)”. | |
After sub-paragraph (4) insert—
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In paragraph (5), for “returning officer” (in both places) substitute “relevant returning or counting officer”. | |
In Schedule 3, Form K | In the case of the form used in relation to the referendum under section 1—
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